1. 1
MEMORANDUM OF GROUNDS OF CRIMINAL ORIGINAL PETITION
(Under Section 482 of Cr.P.C.)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(CRIMINAL ORIGINAL JURISDICTION)
M.P.No:1/15
In
Crl.O.P. /15.
(F.I.R.No:10/03 filed by the Inspector of Police, Vigilance and Anti-
Corruption Department, Cuddalore on the file of Chief Judicial
Magistrate Court, Cuddalore and Highways &Minor Ports,(HL1)
Department, Secretariat, Chennai-9 in his Lr No: 11477/HL-1/04-22
Dt:13.10.08 and the resolution process of the Chief Secretary to
Tamilnadu Chief Minister for Kalpana Chawla Award
2007,12&14,the petitioner’s application for Kalpana Chawla Award
2007,2012 and 2014 has purposely removed to permit the accused to
escape from clutches of law and FIRNo:969/12 filed by the Inspector
of Police,Vadasery on the file of Judicial Magistrate Court-
II,Nagercoil and CSRNo:477/13 issued by the Sub-Inspector of
Police,Bhavani,the complainants submitted before the Judicial
Magistrate Court-II in CMP.No:9869/13 and CMP.No:10510/09 and
the complaints submitted to the Inspector of Police,Pondicherry,and
to the Chief Vigilance officer,Neyveli Lignite Corporation,Neyveli
on 27.05.2012).
P.Chandira, M.E,(M.B.A)(BGL).,
Assistant Engineer,Highways,Nabard and Rural Roads,
Panruti, Cuddalore District. ----- Petitioner.
-Vs-
1) The Director, Vigilance &Anti-Corruption Department,
Aryapuram,Chennai.
2. 2
2) The Director General of Police,Chennai.
3) The State Represented by the Chief Secretary
to Chief Minister, Secretariat,Chennai-9.
4) The State Represented by the Secretary
Highways and Minor Ports Department,
Secretariat,Chennai-9.
5) The Director (General),Highways,
Chepauk,Chennai-5.
6) The State represented by the Secretary (General)
Secretariat, Chennai-9.
7) The District Collector,Cuddalore.
8) The Inspector of Police,V&AC,Cuddalore.
9) The Inspector of Police, District Crime, Nagercoil.
10) Thiru.Vijaya Kumar,
The Sub-Inspector of Police,
Bhavani.
11) The Superintendent of Police, Erode District.
12) The Inspector of Police,
Danvantri Nager,Pondicherry.
13)The Chief Vigilance officer,
Neyveli Lignite Corporation,Neyveli.
14) The Chairman-Cum-Managing Director,
Neyveli Lignite Corporation,
Neyveli --------Respondents
3. 3
PETITION UNDER 482 CRPC.
The Petitioner respectfully states as follows and submits this
petition under 482 of Crpc, the inherent power of the Hon’ble High
Court, not to harass the petitioner by the respondents, and to take
necessary investigation based upon the complaints submitted by the
petitioner and to take against the accused in accordance with law and
to recover the loss to the Government money and recall Kalpana
Chawla Award 2012 from Mrs.Rajaslakshimi and Miss.Sivaranjani
and Kalpana Chawla Award 2014 from Mrs.Ponni,the former
S,P,Nagapattanam and confer the Kalpana Chawla Award 2007,2012
and 2014 to the petitioner and thereby render justice.:
At the outset I wish to thank before this Hon’ble High Court
for permitting me to appear as party-in-person. The address for
service of all notices and process on the Petitioner is stated as above
furnished in the cause title and the petitioner is appearing as party-in-
person. The address for service of all notices and process on the
Respondent are on the address of the State Public Prosecutor, High
Court, Chennai as stated above.
The above Criminal Original Petition is filed against the First
Information Report No: 10/03 filed by the first respondent
Department on 10.11.2003 on the file of the Chief Judicial
Magistrate Court, Cuddalore and the consequential proceedings of
the respondents to permit the accused to escape from clutches of law
without taking any action to recover the loss to the Government and
causing undue harassment to the petitioner and thereby this Criminal
Original Petitioner filed with miscellaneous petition to call for the
records on the file of the respondents and thereby render justice to
the petitioner with damaged relief and justice:
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accused officers. The said authority has recommended sanction for
prosecution against the accused officers in respect of the main
allegation and departmental action in respect of incidental allegation.
The Government have examined the report of the said authority and
have decided not to launch prosecution but to initiate departmental
disciplinary proceedings against the accused officers 1 to 5 in respect
of both the main and incidental allegation no:2 in respect of
Thiru.Tamilselvan,the formerly Divisional Engineer(H)now Special
Chief Engineer(Retd). The Disciplinary Proceedings is possible
under pension rules and hence further action against him has been
dropped in G.O(D)No:192.Highways &Minor Ports Department
Dated:13.10.2008. The second respondent therefore to request the
fifth respondent to send separate draft charge letters for main and
incidental allegation No:2 to be issued at Government level in
respect of the five accused officers mentioned in Para No:1 above
except Thiru.Tamilselvan,Special Chief Engineer(Retd)Urgently. In
view of the above position the second respondent was to request the
fifth respondent to cancel the proceedings No:7058/Con.II/
2003,Dated:26.02.2007 according to prosecution against
Tvl.D.Haribabu, formerly Junior Engineer(H) and Thiru.
M.Mohammed John,formerly Divisional Accountanant-cum-
Manager.
3. The order passed by the Hon’ble Chief Judicial Magistrate
Court,Cuddalore to action drop action against the accused in
F.I.R.No:10/03 Dated: 10.11.2003 is against law and justice.
4. The Inspector of Police, Vigilance and Anti-Corruption
Department, Cuddalore, the investigation authority failed to get
sanction for prosecution and failed to recover the loss to the
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Government from the contractors and the officials.Any case should
not be delayed on delay in getting sanction as per Supreme Court
Judgements.
5. The Inspector of Police,Vadasery has registered a case
F.I.R.No:969/12 u/s 420,409,465,468,469IPC r/w 13(1)(c)Prevention
of Corruption Act1988 Dated:07.06.2012 which is transferred to
District Crime branch by the S.P.Nagercoil in his proceeding
C1/29669/2012 Dated:29.06.2012.The Inspector of Police,District
Crime,Nagercoil has not conducted forensic investigation for
comparation and has not transferred the case to the Vigilance
Department for further investigation.The Inspector of Police,District
Crime,Nagercoil failed to call for the records from 1)The Divisional
Engineer(NH)Tirunelveli 2)The Divisional Engineer,C&M,
Nagercoil 3) The Assistant Divisional Engineer, (NH), Nagercoil 4)
The Deputy Superintendent of Police, V&AC,Tirunelveli 5) The
Deputy Superintendent of Police, V&AC,Nagercoil 6)The Project
Director,NHAI,Tirunelveli and 7)the Superintending Engineer,
National Highways,Tirunelveli.The petitioner requested the
Superintendent of Police,Kanniyakumari District to change the
investigation to CBCID. But the Inspector of Police,District
Crime,Nagercoil without conducting a proper enquiry closed the case
a mistake of fact.
6. The petitioner is the complainant in CSRNo.477/13 before the
Sub-Inspector of Police,Bhavani. Thiru. Shanmugham, the Inspector
of Police, Bhavani, Thiru.Vijayakumar, the Sub-Inspector of Police,
Bhavani, the Deputy Superintendent of Police, Bhavani has failed to
obey the direction of law in accordance in CMP.No:9869/13 and in
CMP.No:10510/14 which is in violation of the Principles of Natural
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Justice and caused torture to the approver Thiru. Purushothaman as
stated before the Sub-Inspector of Police, Bhavani in the presence of
the Petitioner on 25.11.2013 as per the CSR.No:477/13 registered on
25.11.2013 and they failed to register the First Information Report
against the accused 1)P.Kolandavel 2)Gopalan 3)Murugan
4)Purushothamman & 5)Subramanian. It is submitted that the Trial
court had failed to note the Erode District Police official has failed to
conduct enquiry in accordance with the principles of Natural Justice
and to register the case against the accused. The Trial court has
already adjourned the case to 18.12.2013 on 05.12.2013and on the
same day dismissed without permitting the petitioner to cross
examine the accused .The judgment passed on 05.12.2013 in
CMP.No:9869/13 which is arbitrary and unreasonable.
7. The respondents are failed to act in accordance with law
with the intension to save Government money and passing the illegal
proceedings with the intension to harass the petitioner and they failed
to act in accordance with law.
8. In the above circumstances this Hon’ble Court may please
to direct the respondents to submit their report with the related
records before this Hon’ble Court and the necessary action taken by
them in F.I.R.No:10/03 filed by the Inspector of Police, Vigilance
and Anti-Corruption Department, Cuddalore on the file of Chief
Judicial Magistrate Court, Cuddalore and Highways &Minor
Ports,(HL1) Department, Secretariat, Chennai-9 in his Lr No:
11477/HL-1/04-22 Dated:13.10.08 and the resolution process of the
Chief Secretary to Tamilnadu Chief Minister for Kalpana Chawla
Award 2007,12&14 and FIRNo:969/12 filed by the Inspector of
8. 8
Police,Vadasery on the file of JM-II Court,Nagercoil,The
CSRNo:477/13 issued by the S.I,Bhavani on the file of the J.M-II
Court,Bhavani in CMPNo:9869/13 and in CMPNo:10510/14 is
violation of justice to permit the accused to escape from their
offence. The Petitioner submitted two complaints to the Chief
Vigilance officer, Neyveli Lignite Corporation on 27.05.2012 against
Thiru.Ananthakrishnan and Thiru.Natarajan. the petitioner submitted
a complaints on 20.05.2014 to 1) the Superindent of
Police,Cuddalore,2) the Super indent of Police, Erode District,3)the
Superintending Engineer,Nabard&RR, Chengalpattu,4)the petitioner
submitted a Crl.O.P.SRNo:23266 on 20.05.2014 through her
advocate and Kalpana Chawla Award 2014 to 5) the District
Collector, Cuddalore and to the Director(General)Chepauk,Chennai-
5 on 20.05.2014 along with six pages of Public representations. The
District Collector, Cuddalore requested the report from the Director
(General) Highways, Chepauk, Chennai-5 on 11.08.2014. The
petitioner submits the following documents in typed set 1)
F.I.R.No:10/03 filed by the Inspector of Police, V&AC, Cuddalore
on 10.11.03 2) Application for Kalpana Chawla Award 2007,the
District Collector,Cuddalore Lr and the Resolution process of the
Chief Secretary,Secretariat,Chenai-9 3) The Secretary,Highways and
Minor Ports Lr No: 11477/HL-1/04-22 dated:13.10.08 3)
F.I.R.No:969/12 filed by the Inspector of Police, Vadasery
Dated:07.06.12 4) Application for Kalpana Chawla Award 2012
Dated:16.06.2012 and the Resolution process of the Chief Secretary,
Secretariat,Chenai-9 5) The complaint submitted to the Chief
Vigilance officer, Neyveli Lignite Corporation, Neyveli against
Thiru.Natarajan&Thiru.Ananthakrishnan on 27.05.2012 6) The
complaint submitted to the Chief Vigilance officer,Neyveli Lignite
Corporation,Neyveli against Thiru.Natarajan on 27.05.2012 7) The
compliant submitted to the Sub-Inspector of Police,Vadasery and
9. 9
CSRNo:477/13 dated:25.11.2013 8) The compliant submitted to the
Inspector of Police,Danvantri Nager, Pondicherry. 9) Application for
Kalpana Chawla Award 2007, the District Collector,Cuddalore Lr &
the Resolution process of the Chief Secretary,Secretariat,Chenai-9.
The CMD,NLC has framed charges against 1)Thiru.Ananthakrishnan
and against 2)Thiru.Natarajan and the petitioner was called for
departmental enquiry. As the departmental enquiry against
Thiru.Ananthakrishnan was conducted at Barshingsar Project,
Rajasthan State the petitioner submitted twenty three pages of
documents by fax to the departmental internal enquiry officer. As the
departmental enquiry against Thiru.Natarajan was conducted at
CGM, Mine-I office, Block-26, Neyveli, the petitioner appeared in
all enquiries before the departmental enquiry officer
A.R.Ramachandran, from Trichy, the departmental external enquiry
officer submitted nineteen documents to him. The petitioner was
threatened by the Inspector of Police, Pudhupet on 24.05.2014 and
falsely implicated in C.C.No:41/14 before the Judicial Magistrate
Court, Panruti.The Judicial Magistrate Court-II, Panruti is also from
Trichy. The petitioner filed discharge petition before the Judicial
Magistrate Court-II, Panruti on 09.06.2014 along with criminal
complaint against fourteen. As the Judicial Magistrate Court started
questioning without passing orders in discharge petition at 2.30P.M
on 09.06.2014. Hence the petitioner filed Crl.O.P.No:54804 before
the Hon’ble High Court, Chennai on 20.06.2014. Subsequently as
per the advice of the advocate the petitioner represented the
discharge petition before the Judicial Magistrate Court-II,Panruti and
submitted twenty one documents on 10.10.2014 along with written
submission and arguments and twenty three to forty five documents
on 31.10.2014 along with written submissions. As the Judicial
Magistrate Court-II,Panruti has no power to discharge the petitioner,
the Tr.CMP.No:4786/14 filed before the District Sessions
10. 10
Court,Cuddalore and got the orders on 15.12.2014 and the case
transferred to District Munisiff Cum Judicial Magistrate
Court,Neyveli in C.C.No:38/15 on 11.02.2015. 1) The petitioner
filed C.C.No:314/02 before the Judicial Magistrate Court-II,
Chidambaram on 08.10.2002 against three. The case is pending due
to delay in the officials to produce related records from concerned
officials under 91CRPC submitted before the Court, Chidambaram
on 29.01.2003 hence filed Tr.CMP.No:4787/14 before District
Court,Cuddalore and reply submitted by the petitioner to counter
filed by the Accused. 2) The petitioner filed Criminal Compliant
before the District Munisiff Cum Judicial Magistrate Court, Neyveli
on 20.10.14 fourteen. Subsequently the petitioner filed Criminal
Compliant before the District Munisiff Cum Judicial Magistrate
Court, Neyveli on 20.10.2014 against five in CSRNo: 55/14. An
Accident happened in the thermal power station-I on 20.05.2014 and
the Thermal Police,Neyveli has registered a case in FIRNo:59/14,the
NLC management has conducted five member department enquiry
and disciplinary action is pending against some officials.
9) In the above circumstances this Hon’ble High Court may
please to direct the respondents to submit report before this Hon’ble
High Court with the related documents and to arrest the accused and
thus render justice.
10). It is therefore prayed that this Hon’ble Court may be pleased
to direct the respondents to act in accordance with law to take
necessary action against the said persons and to recover the loss to
the Government and to prevent the harassment of the petitioner by
the respondents and grant such other equitable relief deemed fit and
proper in the interest of justice and equity and thus render justice.
Dated at Chennai on 22nd day of Feb-15 Petitioner-in-Person.
11. 11
MEMORANDUM OF GROUNDS OF CRIMINAL ORIGINAL PETITION
(Under Section 482 of Cr.P.C.)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(CRIMINAL ORIGINAL JURISDICTION)
M.P.No:1/15
In
Crl.O.P. /15.
P.Chandira, M.E,(M.B.A)(BGL).,
Assistant Engineer,Highways, Nabard and Rural Roads,
Panruti, Cuddalore District. ----- Petitioner.
-Vs-
1) The Director, Vigilance &Anti-Corruption Department,
Aryapuram, Chennai &thirteen others ------Respondents.
TYPED SET
S.No Date Description of Documents P.No.
1 10.11.03 F.I.R.No:10/03 filed by the Inspectorof Police,
V&AC, Cuddalore.
2 17.04.07 Application for Kalpana Chawla Award 2007,the
District Collector,Cuddalore Lr and the
Resolution process ofthe Chief
Secretary,Secretariat,Chenai-9
3 13.10.08 The Secretary,Highways and Minor Ports
Lr No: 11477/HL-1/04-22
4 07.06.12 F.I.R.No:969/12 filed by the Inspector of Police,
Vadasery.
5 16.06.12 Application for Kalpana Chawla Award 2012 and
the Resolution process ofthe Chief Secretary,
Secretariat,Chenai-9
6 27.05.12 The complaint submitted to the Chief Vigilance
officer, Neyveli Lignite Corporation, Neyveli
against Thiru.Natarajan&Thiru.Ananthakrishnan.
7 27.05.12 The complaint submitted to the Chief Vigilance
officer,Neyveli Lignite Corporation,Neyveli
against Thiru.Natarajan
8 25.11.13 The compliant submitted to the Sub-Inspector of
Police,Vadasery and CSRNo:477/13.
9 15.01.14 The compliant submitted to the Inspector of
Police,Pondicherry.
10 20.05.14 Application for Kalpana Chawla Award 2007,the
District Collector,Cuddalore Lr and the
Resolution process of the Chief
Secretary,Secretariat,Chenai-9
Dated at Chennai on 20.02.2015 Petitioner-Party-in-Person
12. 12
IN THE HIGH COURT OF
JUDICATURE AT MADRAS
(CRIMINAL ORIGINAL
JURISDICTION).
M.P.No:1/15
In
Crl.O.P. /15.
P.Chandira (47),
Assistant Engineer (H),
Nabard and Rural Roads,
Panruti. -- Petitioner/Petitioner
Vs-
The Director,
Vigilance and Anti-Corruption.
Chennai and thirteen others.
----Respondents/Respondents
AFFIDAVIT/
TYPED SET/
PETITION
P.CHANDIRA
Party-in-Person
